[1ShidlerJLComTech006] Tangible Cash for an Intangible Loss? Insurance Coverage for Damage or Loss of Third-Party Data

Abstract:

Abstract:
Will general business insurance cover liability for electronic data loss? A recent
change to Commercial General Liability language specifies that data is not
“tangible property” for CGL coverage. However, many companies may still be
covered by older policies that do not contain this express exclusion. Case law
interpreting the older policy language tends to deny coverage for the lost data
itself, but successful claims have been made based on the loss of use of
hardware caused by a data loss.